Fifty-year old Rodger William Kelly of St. George, Utah, has been charged with first degree felony rape after he allegedly found his neighbor passed out in front of her apartment. He claims he brought the woman – who he said he’d been intimate with in the past – into his apartment bedroom, and lay down next to her to keep her warm.

Kelly told police that in the process of attempting to “get her temperature up” from prolonged outdoor exposure, he decided to try sexual intercourse with her.

Kelly claimed he inserted his penis inside the unconscious 29-year-old on May 19 because “he was trying to save her life,” according to court documents.

When that tactic did not work, Kelly began administering CPR, and managed to change her into a pair of his own shorts and underwear. That’s when police arrived in response to an unconscious person call.

The woman later informed police that she thought she might have been raped, and recalled having her clothes changed. She told police she had bruising on her pelvic and upper thigh region, according to court documents obtained by the Salt Lake Tribune.

However, according to the court documents, the hospital stated that a complete rape kit was not administered because the woman’s vaginal area had been cleaned while she was sedated.